The issue focused on legislation introduced by Attorney General Eric Holder that gave federal prosecutors broad discretion to refuse to prosecute civil rights violations committed by police officers in exchange for reduced sentences or probation. It also authorized courts to impose criminal penalties against police departments when their actions violate constitutional rights.

Several lawsuits challenging the Justice Department's enforcement policies were filed last year. Most argued that civil rights charges should not be dismissed simply because of prosecutorial misconduct. One lawsuit alleged that federal prosecutors illegally manipulated statistics about prosecutions and discouraged prosecution of illegal